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Aspects of Contract and Negligence - Essay Example

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Assignment 1- Aspects of Contract and Negligence Name: Course: Law Tutor: College: May 13, 2012 Case 1 a) Different Types of Business Agreements Katie’s interests are important and, therefore, before she enters into an agreement it is vital that she knows various types of business agreements at her disposal…
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Aspects of Contract and Negligence
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Download file to see previous pages Standard form contract is very common in today’s world; it is mainly common with large companies. It occurs when companies draft terms and conditions of their agreements with their customers. The customers are not given an option to negotiate; if they cannot comply with the terms set, then their only option is to not enter into the contractual agreement. Unilateral agreement occurs when promises are made by one party, this type of contract can be best described by an advertisement requesting any person with any information of where about of a fugitive to turn him in for a reward. Bilateral agreements, on the other hand, occur when both parties have binding terms. This is normally in commercial contracts between companies. Bilateral contractual agreement is the best in the case of Katie and the builders. This is because it allows Katie to be able to set terms as well as the builders so that the work can be to her satisfaction. If one of the parties fails to meet the terms set, then the aggrieved party has a right to take a legal action. b) Standard Form Contracts The design of standard form contract is such that, in the event of breach of an agreement, it excludes liability or limited (Stone & Stone, 2002). A clause can be used to exempt a party from liabilities if it is part of the terms of the contract. If a party signs a document without reading it, he or she becomes bound by the terms set out in the document. If the document that sets out the terms is not signed by one of the parties, it can lead to lack of action against the party that breaches the contract. The main advantage of this kind of contract is that there is no need to draft it and the terms are very certain to the parties. The risks involved in this kind of an agreement are spread over to both parties making sure that none of them is on the losing side if their expectations are not fulfilled as a result of unexpected circumstances. The only disadvantage is that parties may have a hard time interpreting terms, and can even misinterpret them that can lead to a dispute resulting to breach of contract. c) Example of a Standard Form Contract An example of a clause in standard form agreement can read, “Jane will not be liable for any damages caused by negligence caused by Sam’s company”; this means that Jane will not take responsibility for damages that may occur because of Sam’s company negligence. d) Impact of Rules of Contract to Online Agreements The era of the internet has brought drastic change on how business contracts are carried out (Poullet, 2007). However, the rules of contracts remain the same and companies doing business online have to abide to the relevant regulations (Cavazos, & Morin, 1994, 39). These regulations were passed so that consumers who shop online can be protected as well as business people who order supplies online. The UK passed Consumer Protection (Distance Selling) Regulations in 2000 to ensure that consumers who purchase goods and services are protected. These regulations do not apply to all kind of contractual agreement involving online transactions since they do not cover contractual agreements between businesses. They were passed as a result of a directive of EU of 1997 that provided protection for consumers involved in distance contracts (Great Britain, n.d). The regulations ensure that consumers have the right to request information concerning goods or services they are to be supplied with, and how much they cost before they can ...Download file to see next pagesRead More
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